Madhya Pradesh High Court
Paijaram Kuswah vs The State Of Madhya Pradesh on 30 May, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 3565 of 2022
(PAIJARAM KUSWAH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 30-05-2024
Shri Shailendra Singh Sanger, learned counsel for the appellants.
Shri A.K.Nirankari, learned Public Prosecutor for the State.
Heard on I.A. No. 9679 of 2024, which is first application filed on
behalf of appellant No.3- Manish Kushwah filed under Section 389 of
Cr.P.C. for suspension of sentence.
The present appellant stands convicted for the offence punishable under
Section 302/34 of IPC and sentenced to undergo Life Imprisonment with fine of
Rs.5,000/-, under Section 323/34 of IPC and sentenced to undergo one month
RI with fine of Rs.300/-, under Section 324 of IPC and sentenced to undergo
three months RI with fine of Rs.500/- and under Section 324/34 of IPC and
sentenced to undergo three months RI with fine of Rs.500/-, with default
stipulations vid e impugned judgment 28.02.2022 passed by First Additional
Sessions Judge Dabra, District Gwalior in S.T. No.132/2016.
As per the case of prosecution, complainant Bunty gave an information
to the police on 16.09.2015 on which dehati nalisi Exhibit (P-1) was registered.
His father received one beegha of the land in the partition. His uncle Paijaram
was trying to take possession illegally on ten biswa of land. On the date of
incident, he was digging the land to block the road along with his son. When
complainant and his brother objected, they started assaulting them. Paijaram
assaulted Veeru by way of stick. Bunty gave a blow by axe to Raju.
Dharmendra gave a blow by fa rsa to Raju and Manish (appellant No.3)
assaulted mother of complainant by way of sabbal (iron rod). In the said
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 31-05-2024
11:52:45 AM
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incident, Raju had died and others sustained injuries. According to the
appellants, they were also assaulted by the members of the deceased party for
which an FIR was lodged. They were also medically examined and injuries were
found. There was a free-fight and dispute suddenly accorded between them on
agricultural field which was not pre-planned. Thus, appellant (Manish) caused
injury to the mother not to the deceased Raju. Hence, on examination of
statement of Balli Kushwah (PW-1), it was found that appellant- Manish
assaulted mother of complainant for which he has been convicted.
Learned counsel for the appellant submits that the appellant was on bail
during the trial and he did not misuse the liberty so granted to him. Appellant-
Manish is undergoing the jail sentence since the date of judgment i.e.
28.02.2022. The appeal is of the year 2022 and final hearing would likely to take
long time, hence, remaining sentence of the appellant be suspended.
Learned Public Prosecutor for the respondent opposes the prayer and
prayed for its rejection.
Considering the overall facts and circumstances of the case as well as
upon hearing learned counsel for the parties, though this Court refrains from
commenting upon rival contentions so advanced touching merits of the case,
we deem it proper to suspend the remaining custodial sentence of the appellant
no.3- Manish. Accordingly, I.A. No.9679/2024 stands allowed. The execution
of remaining jail sentence of the appellant no.3- Manish is hereby suspended
and it is ordered that the appellant be released on bail upon his furnishing a
personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one
solvent surety of the like amount to the satisfaction of the trial Court and subject
to depositing the fine amount (if not already deposited) with a further direction
to appear before the Registry of this Court on 13-08-2024 and also on such
other dates, as may be fixed by the Registry of this Court in this regard during
the pendency of this appeal.
I.A. stands disposed of.
(VIVEK RUSIA) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
Vijay
